Sections 91 and 92 of the Workers' Compensation and Injury Management Act 1981 (WA) do not give rise to an implied prohibition against an injured worker who has failed in a common law damages action from seeking compensation under the Act by way of an application under s 217 to an arbitrator, where liability under the Act is not in issue or has already been determined. A worker who has elected to seek common law damages, failed, and did not invoke the s 91 jurisdiction in the trial court, is not thereby precluded from pursuing statutory compensation through the arbitration process.
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